Advancing goals advocates have sought for a dozen years, on April 10 New York Gov. Andrew Cuomo signed into law a measure that will keep most, but not all, 16- and 17-year-olds from being tried as adults in state criminal courts.

The so-called “Raise the Age” measure, added to the state’s 2017-2018 budget bill, will end adult court trials for misdemeanors charged to 16- or 17-year-olds. Their cases would be transferred after 30 days to Family Court, unless the district attorney can prove “extraordinary circumstances” – a term left undefined in the new law – exist.

Felony charges against 16- and 17-year-olds would remain in criminal court, but non-violent offenses would be handled by a new youth section of the criminal courts, by judges trained on family law issues. Cases in which teens in the affected age bracket are charged with violent felonies – fewer than 3,500 of the under 25,000 16- or 17-year-olds New York arrested last year — would remain in regular criminal courts. Judges could, however, transfer non-sexual felony cases to Family Court, as long as there were no injuries, no weapon was used, or the defendant played only a small role in a group crime.

When New York’s changes take effect (starting October 1 next year for 16-year-olds, a year later for 17-year-olds), North Carolina may be the only state left that routinely prosecutes 16- and 17-year-olds as adults.

The new law also provides for sealing the records of juvenile offenders and makes pardons available for released non-violent offenders who do not re-offend for at least 10 years, which seal their conviction record. State officials forecast that provision could boost employment prospects for about an estimated 12,000 residents.

Another provision of the new law revises incarceration rules for teens between the ages of 16 and 18. Starting in October 2018, offenders younger than 17 cannot be held in adult penal facilities, whether state prisons or county jails, and the same will be true for 17- and 18-year-olds starting a year later. Instead, the state will have to develop “home-like” facilities for them.

The bill-signing ceremony in Harlem featured speeches by Rev. Al Sharpton and the brother of Kalief Browder, a 16-year-old who spent three traumatic years in New York City’s notorious Rikers Island jail – often in solitary confinement – while awaiting trial on charges that were ultimately dismissed, and then committed suicide a few years after being released. (The bill would bar holding 16- or 17-year-olds at Rikers Island, which New York City mayor Bill de Blasio has proposed shutting down in the next 10 years.)

Though the new law was supported by Gov. Cuomo and cleared in April by both chambers of the state legislature, much of it proved controversial. Some advocates viewed the final version as over-complicated or watered-down, objecting particularly to what they saw as its exclusions and lengthy phase-in. Some opponents disliked having the 43-page criminal reform measure attached to the state’s main spending bill, while others worried Family Courts might not be equipped to handle the added caseload or deal properly with criminal law issues. Both sides say they’ll watch how well the new law works, and will be ready to seek further changes they think are needed.

The client was charged with driving while impaired by drugs. We showed the DA’s office the client suffered from hyperkalemia, a medical condition caused by an elevated level of potassium which can cause fatigue, lethargy and confusion. All charges were dismissed.

Client was charged with Robbery in the Second Degree. He was with a friend who robbed a person sitting in a parked car. We were able to show the DA’s office that our client had no knowledge of his friends intent. We were able to get the felony reduced to a Disorderly Conduct which is a non criminal offense.

Client was charged with Criminal Posession of a Weapon and was facing a minimum of three and one half years. During an evidentiary hearing we were able to show that the police confuted an illegal search the gun was suppressed and the charge was dismissed.

Client was charged with Grand Larceny. It was her 7th arrest during the previous 10 years. The DA’s office was not offering a reduced charge and was requesting jail time. We got the client involved in a work and parenting program and were able to secure a plea to a misdemeanor without jail or probation.

Client was charged with Unlawful Surveilence. After his plea of guilty it was a discretionary decision to be made by the court as to weather he had to register as a sex offender. Through our efforts we were able to have him sentenced without having to register.

Client Testimonials

"I can’t thank Scott enough for helping me. I had never been arrested before and found myself in the middle of a nightmare. I was arrested for and charged with criminal Mischief in the Third degree which is a class E Felony. Scott was first able to get the charge reduced to a misdemeanor. He was then able to see that the case was completely dismissed."

T.T.Charged with Felony Assault and Criminal Mischief in Queens County

"Scott Limmer is a very knowledgeable Nassau County NY lawyer and has been extremely helpful to me and my family over 8 months of court. He knows how to handle the ADA and his tenacity has been untiring. The quality of his work is in the ending of the case, with justice being served and correct. We are very fortunate and thankful to have found Scott Limmer to represent us. Thank you Scott and God Bless"

F.L.Arrested for Robbery in the Second Degree in Nassau County

"Scott Limmer is a man of his word and an attorney with integrity above reproach. When one needs a criminal attorney it is usually the most harrowing time of your life. Scott Limmer makes a horrible situation easier. He speaks in layman’s terms and explains your situation every step of the way. He keeps the costs to a minimum and delivers beyond expectations. I would recommend choosing Scott Limmer as your attorney hands down."

A.O.Arrested for Suffolk County Felony

"I was arrested for a felony Mr. Limmer would not agree to any of the offered plea bargains. He was able to get the case dismissed. I can’t thank him enough for his hard work and professionalism."

D.D.Arrested for Falsifying Business Record in the First Degree in Nassau

"Scott helped me thru a very difficult 20 months of navigating thru the Nassau county legal system. His advice was on the money from the start to the end. Amicable, tenacious and knowledgeable, just some of the words to describe him…In the end I credit his guidance in helping me get the just court decision…But then again he knew the outcome….thanks Scott…we remain in touch to this day and my case was over almost two years ago…"

T.C.Arrested for Assault in the Third Degree in Nassau County

"Helped me thoroughly with all my traffic dealings. He is my go to guy for my company. Scott is the best."